Legal Question in Wills and Trusts in Massachusetts
followup my dad died
My brother is Joint tenant on the deed dated october 2006. My follow up question is.
Since my brother is joint tenant on the deed is the house his? does any of it go into my dads estate? Dad had no will.
My dad who was 81 passed last week .took out a mortgage that my brother co signed with last year. Our mom passed several years ago 2 brothers live in dad's home. He left no will. My question since one brother who lives in dads home cosigned for the loan Is the house legaly his?
1 Answer from Attorneys
Re: followup my dad died
If the deed granted an interest to your brother as "joint tenant" this means that he has a right of survivorship and is the owner of the property. If the deed granted an interest to your brother as "tenant in common" then he does not have a right of survivorship and owns one half of the house. The other half would be owned by the parties who inherit under your father's estate. You should consult a lawyer who can review the deed and the title (if necessary) to advise you as to the current ownership of the property.
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